Purchasers at public sales of personal property subject to the lien of a mortgage shall give bond and security in double the value of the property to the officer making the sale and conditioned not to remove the property from the state and for its forthcoming answer to the lien; provided, however, that prior to the sale the mortgagee or his or her agent shall file with the officer an affidavit stating the amount due on the mortgage and that he or she expects the loss of the property unless the bond is taken. On failure to give the bond, the property shall be resold at the risk of the purchaser.
History. Laws 1830, Cobb’s 1851 Digest, p. 513; Code 1863, § 1970; Code 1868, § 1958; Code 1873, § 1968; Code 1882, § 1968; Civil Code 1895, § 2742; Civil Code 1910, § 3275; Code 1933, § 67-119; Ga. L. 2002, p. 415, § 44.
The 2002 amendment, effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, deleted “to” following “forthcoming” and inserted “or her” and “or she”.
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
§ 44-14-30. Mortgage as Security Only; Effect on Title
§ 44-14-31. Form and Contents of Mortgage
§ 44-14-32. Use of Parol Evidence to Prove Apparent Deed a Mortgage
§ 44-14-34. Signing of Mortgages Executed Outside State
§ 44-14-35. Recording of Mortgages on Realty; Effect of Renewed Mortgage as Lien Absent Recordation
§ 44-14-36. Registry of Mortgages on Property of Railroads and Other Utilities
§ 44-14-39. Effect of Defective Record as Notice
§ 44-14-40. Probate of Mortgages
§ 44-14-41. Tacking of Mortgages
§ 44-14-42. Mortgages to Sureties and Guarantors
§ 44-14-42.1. Redemption of Property by Mortgagor
§ 44-14-43. Foreclosure of Mortgage After Note Barred by Limitations
§ 44-14-44. Sale of Mortgaged Land Under Other Process; Claiming Proceeds of Sale
§ 44-14-45. Forthcoming Bond by Purchaser of Mortgaged Personalty; Affidavit of Mortgagee
§ 44-14-46. When Mortgage Fi. Fa. May Claim Proceeds of Sale
§ 44-14-47. Sale of Mortgaged Property Without Foreclosure and Claim by Mortgagee
§ 44-14-48. Foreclosure by One of Several Mortgagees; Control and Distribution of Proceeds by Court
§ 44-14-49. Right of Holder of Mortgage to Foreclose in Equity